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HENSLEY v. U.S.

Nos. 85-797-CIV, 85-798-CIV.

728 F.Supp. 716 (1989)

George L. HENSLEY, Personal Representative of the Estate of C. Lamar Carlton and Joan G. Carlton, Plaintiff, v. UNITED STATES of America, Defendant. William H. JERNIGAN, as Personal Representative of the Estate of Ernest E. Gillilan and Betty J. Gillilan, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. Florida.

As Amended October 31, 1989.

Attorney(s) appearing for the Case

Thomas K. Pfister, U.S. Dept. of Justice, Civil Div., Torts Branch, Aviation Litigation Unit, R. Brooke Lewis and David M. Wiegand, F.A.A., Litigation Div., Washington D.C., and Dexter W. Lehtinen and Robyn Hermann, U.S. Atty., S.D. Florida, Miami, Fla., for U.S.

George Farrell, Healey, Farrell & Lear, Washington, D.C., and Robert L. Parks, Anderson, Moss, Parks & Russo, P.A., Miami, Fla., for plaintiffs.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GONZALEZ, District Judge.

I. FINDINGS OF FACT

1. This litigation arises out of the crash of a Piper PA-24-180 aircraft, Registration No. N7554P ("54P"), on August 12, 1983. On the day of the accident, the pilot Lamar Carlton, Ernest Gillilan, and their spouses, were flying on a trip from Sebring, Florida, to Boston, Massachusetts. On the segment of the trip from Norfolk, Virginia, to Plymouth, Massachusetts...

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